Early Summary Judgment Denied in Stapler Patent Lawsuit

Judge Gorton in the District of Massachusetts recently denied an early summary judgment motion filed in a patent infringement suit, holding the motion to be premature on two grounds. First, a scheduled claim construction hearing had yet to occur, rendering a proper infringement analysis impossible. Second, material issues of fact remained regarding an estoppel claim. The decision serves as a reminder that early summary judgment motions face the same high bar in disposing of key issues and will not be allowed where material facts remain in dispute.

The case involves an intellectual property dispute between two competing desktop stapler brands. In April 2016, Amax, Inc. and Worktools, Inc. sued ACCO Brands Corp. alleging, among other things, infringement of U.S. Patent Nos. 7,178,709 and 7,748,589. After losing a motion to dismiss or transfer venue and a motion to expedite briefing and stay the case, and before the scheduled claim construction hearing, Defendant moved